Self-organized bodies of population and the local government’s nature concepts

Abstract

The purpose of the article is to formulate recommendations for improving the effectiveness of legal regulation of the creation and functioning of self-organization of the population’s bodies in Ukraine based on the analysis of theories about the nature of local self-government.
 The Concept of administrative reform in 1998 stipulated, that the main task of municipal reform is to eliminate shortcomings that significantly affect the implementation of management activities. It should be emphasized that this task is still being performed. Therefore, during the reform, during its legislative provision, special attention should be paid to the study, analysis, generalization and implementation of the best domestic and international experience in the field of local self-government development. One of the important practical tasks at this stage is to revive the participation of the population in the implementation of local democracy, including - in the work of self-organization of the population (hereinafter - BSOP), - house, neighborhood, street, etc. committees. An important scientific task is the doctrinal support of this process. It should be emphasized that the contribution of jurists, first of all, is to create an effective regulatory framework for the establishment and functioning of the JI bodies as an element of the system of local self-government.
 The article considers theories of local self-government, which deal with its nature - public, state, public-state theories. On the basis of the analysis of these theories conclusions about the characteristic policy concerning bodies of self-organization of the population in case of use in the state of this or that theory is made.
 In particular, the author argues that the effective development of the BSOP as an integral part of the system of local self-government will contribute to: 1) the definition at the state level of the theory of local self-government; 2) consistent implementation of the provisions of this theory in current legislation. At the present stage in Ukraine this does not happen, which significantly inhibits the development of the institution of self-organization of the population. Prospects for further research in this area are seen in the need to provide more detailed recommendations for effective regulation of the establishment and operation of house, neighborhood, etc. committees.